Revision: May 25, 2018, 10:48 a.m.
HB 1807-FN - VERSION ADOPTED BY BOTH BODIES
04/26/2018 1740s
23May2018... 2090-EBA
2018 SESSION
18-2452
01/10
HOUSE BILL 1807-FN
AN ACT relative to exploitation of elderly, disabled, or impaired adults.
SPONSORS: Rep. Cushing, Rock. 21; Rep. Baldasaro, Rock. 5; Rep. McMahon, Rock. 7; Rep. Wallner, Merr. 10; Rep. LeBrun, Hills. 32; Rep. Heath, Hills. 14; Rep. Campion, Graf. 12; Rep. P. Long, Hills. 10; Rep. Messmer, Rock. 24; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill clarifies the law relating to financial exploitation of elderly, disabled, or impaired adults.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/26/2018 1740s
23May2018... 2090-EBA 18-2452
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to exploitation of elderly, disabled, or impaired adults.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Financial Exploitation of Elderly, Disabled, or Impaired Adults. Amend the introductory paragraph of RSA 631:9, I(b) to read as follows:
(b) In the absence of legal authority a person knowingly or recklessly through the use of undue influence, harassment, duress, force, compulsion, [or] coercion, or under any circumstances where the person knew that the elderly, disabled, or impaired adult lacked capacity to consent, or consciously disregarded a substantial and unjustifiable risk that the elderly, disabled, or impaired adult lacked capacity to consent:
2 Effective Date. This act shall take effect January 1, 2019.
18-2452
12/13/17
HB 1807-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill clarifies RSA 631:9, relative to financial exploitation of elderly, disabled, or impaired adults. In addition, the bill establishes a process enabling vulnerable adults to seek permanent and temporary relief from abuse, exploitation, and neglect. The legislation authorizes, but does not mandate, the Department of Health and Human Services to file petitions alleging abuse, exploitation, or abuse by a defendant. If the Department were to file these petitions directly, there would likely be additional personnel costs, as well as mileage expenses for Department attorneys, adult protective services workers, and other necessary witnesses. Even if the Department does not directly file petitions, it assumes Department personnel will frequently be used as witnesses, resulting in mileage and other costs. The Department is unable to predict the extent of any cost increase.
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Protective Order | $156 | $158 |
Routine Criminal Felony Case | $457 | $462 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
AGENCIES CONTACTED:
Departments of Health and Human Services, Justice, and Corrections, Judicial Branch, Judicial Council, and New Hampshire Association of Counties